Legal Question in Family Law in Texas
common law marriage
if a man is married and not legally separated, and a woman lives with him for over one year, what is considered to be his legal status?
2 Answers from Attorneys
Re: common law marriage
First, there is no legal separation in Texas. You are either married, or not married. If he is still married to the first woman, it doesn't matter how long you live with him, you are not common-law married, because he is still married to someone else.
Re: common law marriage
He is married to his wife.
No matter how long they live together there will be no common law marriage since you can only be married to one person at a time.
My sister lived with a guy for over 7 years and they were NEVER common law married since she did what I told her to do to avoid it.
On the other hand, you can spend one night together and be considered common law married.
The TX Family Code is available on-line and you can read the laws for yourself.
Go to any major search engine and type in TX FAMILY CODE.
Happy New Year!
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